BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1678 (Santiago) - Provision of incident reports to victims
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|Version: February 25, 2016 |Policy Vote: PUB. S. 7 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: August 11, 2016 |Consultant: Jolie Onodera |
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*********** ANALYSIS ADDENDUM - SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 11, 2016
Bill
Summary: AB 1678 would require state and local law enforcement
agencies to provide upon request, without charge, and within
specified timeframes, one copy of all incident reports and face
sheets to a victim, or a victim's representative, for the crimes
of sexual assault, stalking, human trafficking, and elder or
dependent adult abuse.
Fiscal
Impact:
Incident reports : Potentially significant, likely
non-reimbursable local costs (Local Funds) for local law
enforcement agencies to provide incident reports for the
AB 1678 (Santiago) Page 1 of
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specified crimes within the specified time periods. With
regard to the preparation of incident reports for the
specified crimes, the CSM previously disagreed that an
"implied mandate" was created by the statute to prepare
incident reports via the requirement to provide copies of such
reports within specified timeframes. Apart from preparation,
the provision of face sheets and incident reports for these
crimes would not appear to create a reimbursable state
mandate, as disclosure of this information to a victim or
his/her authorized representative is currently required under
the California Public Records Act.
Lost fee revenues : Potential reduction in fee revenues (Local
Funds) to counties that currently charge fees for face
sheet/incident report requests. DOJ has indicated over 16,000
arrests for the specified offenses in each of the past three
years. The number of future requests for face sheets/incident
reports is unknown. As a result, the potential lost revenue to
local law enforcement agencies cannot be estimated with
certainty and would be dependent on the volume of requests
submitted to each local agency and the associated fee charged
by that agency, if any.
State agencies : Likely minor impact to the California Highway
Patrol (CHP) and the Department of Corrections and
Rehabilitation (CDCR) to the extent the provisions of the bill
relate to report requests made pursuant to acquiring a
restraining order.
Author
Amendments: To address the potential state-reimbursable mandate
imposed on local law enforcement agencies to retain copies of
incident reports and face sheets for five years, the author
amendments provide that the section applies to requests for
sexual assault, stalking, human trafficking, or abuse of an
elder or dependent adult face sheets or incident reports made
within two years from the date of completion of the incident
report.
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